Legal Question in Immigration Law in Maryland

My first L1 visa expired in 25 Feb 2010 and I was in India after that. Then in Dec 2010 my employer told me that they are applying for L1 extension. But I got visa again for 3 years. So that confuses me that is it a new L1.

1) Is there any time frame beyond which we cannot apply for L1 visa extension, instead we have to file for a new L1 (going through forums suggest that we can apply 6 months prior to L1 and I-94 expiry ) , what is maximum time allowed to file for L1 extension ?

2) So is there a possibility that I got new visa and my 6 year cycle got reset?

Thanks in advance.


Asked on 3/05/13, 9:55 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

An "extension of stay" cannot be filed if the Beneficiary is outside the country. So, whomever filed it did so incorrectly, assuming you were in India when they filed.

In addition, you do not start a fresh 6 yr maximum L-1A visa period (or 5 yrs for L-1B) unless you are outside the U.S. for one year & a new petition, not an extension of stay, is filed, which would require you to obtain a new visa at the U.S. Consulate.

However, you can request a recapture of time for any periods in L-1 visa status that you were outside the U.S. This usually can be done within 180 days of your validity period expiring (which may be different than the validity period of the visa in your passport).

If you need any assistance with your case, please feel free to contact my office.

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Answered on 3/05/13, 10:38 am


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